To what extent does the law balance out the rights of the victims, offenders and society in the criminal investigation process?

1005 WordsDec 12, 20135 Pages
Question: To what extent does the law balance out the rights of the victims, offenders and society in the criminal investigation process? The role of the criminal investigation process is to balance the rights of the victims and offenders in society. All individuals’ wether victim, offender or member of society have basic rights to which the law attempts to adhere to. While all are individual, the rights will differ for the purpose of maintaining a balance in society. Though upholding the rights of the people is essential in order to ensure that the investigation process is conducted correctly and without abuse. In a criminal investigation case, a victim is usually seeking justice for an offence against them personally. Victims can…show more content…
The NSW police force also follows a specific code of behaviour called the code of practice for CRIME (custody, rights, investigation, management and evidence) which sets out the rights of the suspect and the manner in which the investigation should be carried out, it also includes that all citizens must be treated fairly regardless of race, religion, ethnic background and sex. Police are not allowed to detain a person unless they have good reason to do so, if enough evidence and a warrant is issued the police may arrest someone for the crime they are investigating. The accused will be held in police custody for questioning, this is known as interrogation. At the end of the detention period the police will make a decision whether the suspect will attend a court hearing or be released unconditionally. If the accused believes that this procedure has not been adhered to appropriately they have the right to report their opinion through a complaints procedure overseen by the NSW ombudsmen and the police integrity commission. (Case) Society have an important role to play in the criminal justice system by being actively encouraged by community programs to report information about criminal activity. Crimes will usually be reported by a person who has knowledge of the crime, or has witnessed the crime. Citizens have the right to actively participate in the identification of a crime and exercise their

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